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ilikekilo

05-23 07:44 AM

SENT emails to all jsut now...Thanks IV for putting this 4 us. good luck 4 us

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flthere

07-21 04:00 PM

Whoever the lawmaker was who came up with the idea of allocating leftover EB4, EB-5 to EB-1 ! What? the least wanted category giving away its quota to highly deserving EB-1 ? How low can their thinking go ?

What ? the leftover EB-1 highly deserving visas given to slightly less deserving EB2 ? :)

Is there a proposal with IV to seek rethinking abt this spillover process ?

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hariswaminathan

09-09 07:08 PM

Like my title says - Could it be a mistake on their part for EB3 I ? Was it meant to be 15th April 2002 ?
In March of This year it was 15th Oct 2001. Then it goes to U for untli Oct and now its 15th April 2001 (gone back 6 months !!!!) This seems odd for a new fiscal year with new Visa Quota however small EB3I may be - are there still that many 2000-2001 applications pre-adjudicated in the system waiting for a visa that they had to roll it back ?

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BharatPremi

09-29 09:19 PM

Please see my signature.

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pandu_hawaldar

07-21 10:54 AM

EAT at TSC

Paper mailed: July 05.
Receipt Date: July 08.
Soft LUD: July 11.

Priority Date: May 06, EB-3 (Ind).

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ychuck

05-02 11:45 AM

Is there any thing on EB numbers and contry limit?

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geevikram

07-20 02:46 PM

Correct me If I am wrong

out of 45K members let's assume 22.5 K are EB2 and 22.5 K are EB3.

Even If 11.25K (EB2)+11.25K (EB3) = 22.5 K (Total) contributes $25 Each Problems gets solved ... but the catch is ....

Even 11.25 K EB2 members are not contributing because they don't have to as their problem is solved

Even 11.25 K EB3 members are not contributing because they are not sure even with this contribution their problems gets solved.

Many people are saying that EB3 members are not contributing that's why you are lagging etc...

EB3 Members who contributed are feeling the pain because even after contribution they are not getting the results and EB2 members who didn't contributed are getting the results...

JavaDeveloper,
Let's assume EB3 at 11.25K. They all know that their are royally screwed unless there is legislative action. So, I would expect 11.25 K EB3 to be at the front of this funding drive. Let's face it EB2 will likely become current sometime in 2012 (per Q and Teddy in other thread), no one is ever predicting this to happen for EB3 barring law change. IF you are in such a big hole, you will have to come forward and work for yourself. We want others to work for us and solve our problems. That is my issue here. With 11.25 K EB3 members we would have still collected quarter million bucks.(@ 25$/person) If EB3-I does not care for itself, why would anybody else give a damn? (PS : I did contribute for the drive as I want everybody's issues with respect to GC resolved, not just mine)

So, the original post still stands true.

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ramus

07-08 05:57 PM

I was working on DC but so far just received 30 votes..

Like I said I will talk to core members if only we have 1000 members who wants to do it in DC on July 14th.. So many members are online but they don't even want to take a poll.. I don't know what to expect from members..


Hi,

I have thrown a challenge to IV DC chapter about who will get a bigger gathering on 07/14, San Jose or D.C.

Our Chinese friends are also posting this at Chinese grocery store, on websites and also at local news forums.

I need volunteers in bay area! Please send me a PM with your e-mail address, if possible phone numbers and a good time to contact so that we can spread the word in Bay area. I already have one volunteer need more.

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GCBy3000

07-19 11:13 PM

I am in for $100.

By the way if we have 20,000 members and even if each pledge $5, we can reimburse the core team expenses. How often we have to teach and tell the Math to our so called highly skilled free riders.

Some should be feeling really guilty for using IV and not contributing till now. Come out the stingy attitude and help.

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kshitijnt

05-01 11:56 PM

even if yu have got a red dot for some stupid reason I was strongly tempted to give yu ared dot for this reply. If not let the administrators give yu one................

Why arent you tempted to give me green though :)

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mirage

03-08 08:38 PM

This is what puzzles me, on one hand you tell us 'You couldn't even begin to imagine how many cases like this there are'....
Which is exactly I have been saying, unless we do something EB3 India could be waiting for a decade or 2...
But on the other hand if I want to address this issue in a manner which could see least resistance, you tells me I'm living in 'Utopia', administrator threatens to 'Ban' me ????


On other hand
There are still lots of cases in eb3 from back that far.

Many of the eb3 245i cases; there dependents were outside USA. Once; they got greencards; then their dependents went for consular processing or are going for consular processing.

One of the cases I worked on ability to pay; person had adopted her nephew so that he could get greencard as dependent. You couldn't even begin to imagine how many cases like this there are.

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kshitijnt

04-24 12:46 AM

Yeah no problem. We all have egos. Dont apologize, instead spend money on court and attorneys.

I had an RFE from NSC that they wanted to see experience letter from employer from specific format. They specifically said in RFE that they didnt want to see affidavits or paystubs or offer letter or any other document. Remember EB2 category criterion is "5 years of progressive work experience" word progressive is important and offer letter doesnt prove it.

If you havent been in this situation, do not offer unnecessary advise based on your gut feeling.

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goel_ar

11-18 01:22 PM

I will donate 100 dollars if they make any changes in DREAM Act wrt to Employment based immigration.
Even I participated in the campaign, but I don't think it will impact anything for us.

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amitjoey

07-09 04:51 PM

I really believe, that for this flower campaign to hit major news media, and make it a success, we all need to talk about it outside of IV, talk to reporters, email the pdf, and ofcourse talk to other friends of ours, let everybody know this is happening.

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mannubhai

11-18 11:13 AM

Done

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suavesandeep

07-20 12:17 AM

I pledge $100 for this cause also.

Would also like to thank Gopal (gsc999) for getting all the banners done and helping a lot in organizing the SJ rally.Kudos to all Noble souls in the IV Core. I think what IV has acheived is amazing and unprecedented. Also money is too small to repay all the hours and work you guys have put in.

I am sure God will bless all of you with a timely GC :). Best Wishes again.

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BPRAO23

11-07 06:28 PM

What's the customer service number and the menu to talk to one of the customer service reprasentative.
I have called the the number 800-375-5283 and confused to select the menu.

Can you please help me in this?

Thanks,

Rao

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satish_hello

08-21 06:11 PM

Hi Guys, if you filled between July3rd to July15th please update here.

I have sent my application on July5th to NSC. It is received by NSC at July6th.Did any one got receipts in 5th or 6th filer..

I didn't see much of filed between july'3nd through july '14th filings in this forum.

-satish

----------------------------------------------
EB2/PD-Sept'2004/I-140 Approved.
I-485 - Sent July5th.
RD - ?
AD -?

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lj_rr

09-13 03:40 PM

New thread created.All TSC Filers please post here.

http://immigrationvoice.org/forum/showthread.php?t=13344


Sanjeev:
I don't know how to create a new thread. Will you please tell me how to do do? Thanks a lot.

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krishna.ahd

04-20 03:46 PM

I changed my job twice using AC-21 informed USCIS once, I don't see any risk itz a law, as long as you are able to produce paperwork that your current job is similar to previous one you are safe, any decent employer would give you a supporting letter (oh ya exluding blood sucking desi pimps).

I find many guys calcluate too much and let go good opportunities, get real guys no one is behind you if you have job and not done anything wrong,

I really don't care when I get my GC as long as they renew my EAD ( I am on my foruth EAD)
All

I have changed jobs twice keeping more or less same job description but salary wise much more what i used to get.
No need to inform INS. I know most of us little concerned to use AC21 for better job and salary but i never heard of anyone (atleast from my circle ) denied GC for changing job.
I encourage everybody who come across good opportunity to go for it. Keep same job description ( atleast on paper).

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singhsa3

08-18 03:09 PM

I will help you in this but do us all a favor and don't reply to any more messages....
People all Jokes apart!
We got a real problem on hand....
Shall we proceed at all or not???. I am more than willing to handover the reign to anyone who wants to take this to fruition....

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sunsuri

07-04 06:05 PM

I had sent mine out on July 1st and it was received on July 3rd at 11:14 a.m.

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dingudi

02-18 11:07 AM

I am assuming you guys saw this:

http://www.uscis.gov/files/pressrelease/USCISUpdate(biometricchanges)(17Feb08).pdf

USCIS will consolidate FPs for 485 and EADs. So if we don't receive biometrics for 485, hopefully we will get one for EAD renewal which will also serve the purpose for 485 processing.

Note: This only applies to concurrent filers of 485 and EAD.

Apahilaj,

Yes I saw that but mine was not concurrent filing. I applied for EAD couple of months after I-485 filing and have also received the EAD.Still waiting for FP though.

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qplearn

12-12 08:39 PM

:D

Asking help from Senator Sessions for your G-card is like asking help from Bil Ladan to wipe out islamic terrorism. I w'd be extremely curious to read his reponse if you get one at all.

If you think it is that ridiculuous, then you should tell the core members that. They did ask us to call him on the last day of LD. There is nothing wrong in writing to him. In fact, you are making a comparison that is not correct.

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desi3933

07-10 03:37 PM

....
That's where AC21 comes to rescue, and you can become "self-employed" rather than "unemployed." Question is, why can't self-employment in same/similar occupation as your I-140 petition be considered to satisfy I-140 requirement?....

Yes, one can be self-employed for AC-21 job, as long as conditions mentioned in the same memo are fulfilled

"Question 8. Can an alien port to self-employment under INA �204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ...... "

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kg318

04-22 05:37 PM

Only if it is too restrictive. this case is pretty straightforward and simple. employee is directly hitting the employer's revenues.

I am not hitting on employers revenues, infact employer made money since two yrs because of me. The reason is, employer never got this project for me. It never had any business either with PF or with the client earlier. It was only because of my contact with the PF i got the project. i introduced the PF to my employer, have them sign a contract and since these two yrs my employer was able to place 4-5 consultants through the PF i introduced to them. Now tell me, how much my employer would have made because of me or other consultants??? Even after all this, he is being mean to me. these desi companies thirst for money is never ending. whereas consulatnts can never look up for a better life!!!!!!

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tonyHK12

02-25 09:34 PM

Your transaction ID for this payment is: 1KJ77263D2760803K.
Just contributed another $50 feeling better.

thanks for taking the initiative and donating again manish1905. It is sad to see only a few 100 'active. Most people want to see results before donating, but most don't realize we can't get results without thousands working first for many months.
So its up to us to work extra hard to achieve things that will benefit 500,000 people.
Things like Visa Recapture, which benefit 100s of thousands benefit everyone including EB3, as there are only about 40-60,000 EB2s left.

Here's the facebook link:
Immigration Voice | Facebook (http://www.facebook.com/group.php?gid=43009999999#!/event.php?eid=197404886938254)
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gg_ny

06-28 07:31 PM

Hi,

This is not going to be a concrete suggestions like the ones seen above in the page 7 of this thread. There is a large India Caucus in the senate (also in House??) and they are well tuned to the reality of situations. I dont mean that these efforts should narrowed down to a particular subpopulation of retrogression victims. This is just a suggestion with good intentions. Even if this India Caucus congress members may not have direct role in immigration bills, I wonder whether they could be used to approach other members with stake in this immigration legislation. I am sorry I dont know anybody in that caucus (wish I did).

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belmontboy

05-01 08:21 PM

If you don't agree. Speak out A#####e.

people are abusing "red dots". they give out red dots just bcoz they don't agree with other's views/opinions.

Red dots should be used only if the nature of posting is offensive/vulgar.

hope those guys learn soon how to respect & engage in a healthy discussion.

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ivar

02-03 12:55 AM

Finally we have decided to go back to India for good. I filed my EB3 in May 2003. Its going to be another 4 years to get the green card. When I went to India for vacation last December, we liked it over there & the economy is booming. There are all sorts of discussion regarding the Economic Gap/Politics/Corruption/Cleanliness. But we like it over there. Finally I will have an option to do something interesting. In US I was very much dependent on my monthly pay check and afraid to take even the slightest risk. I am also scared to use the AC21(Hey, thats the way I am). I am working with the same company for last 10 years, kinda stagnant in the last 4 years. In India, there are lots of choices, either to work for a sw company or start some business on my own. I think I will take the business route.

May be I can go there, earn well, send my son to US for college, do green card through him & come retire in US!!!

Good Luck to everybody!!

Good Luck, India has great opportunities now. I got my green cards today so i will have to wait for another 5 to 6 years to return to india. Only reason i would return to india is to take care of my parents, India has so many issues (corruption,pollution,gundagiri,etc) but need to return one day (Target would be 2017) to take care of my parents, They come to US on vistor visa but thats not enough.

All the best.

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bharad

07-20 12:42 PM

I have a question reg. the unfair vertical spill devised by USCIS when allocating the visa numbers after the initial allocation is completed.

If the country needs EB1 categories first then the EB2 categories and then EB3 then why did they allocate equal numbers to all the three categories initially. If they needed more EB1 or EB 2 compared to EB 3 numbers they should have given 3x of numbers to EB1, 2x of numbers to EB2, and only 1x or less than that to EB3 when doing the initial allocation itself.

Its only due to some genius person's invention that USCIS decided to implement vertical spill over instead of doing a hoirzontal spill over of the numbers which will be fair.

Now the EB2 folks are going to comeback and say that EB2 deserve more rights and all that blah blah aka the fight people give whenever somebody tries to remove the unfair quota system in India. Grow up and behave like an educated person.

You can say that EB2 folks earn more... give me a break I know many EB3 folks who earn atleast 2 times more than whan an average EB2 guy earns. Its just a matter of luck(in the current scenario) that a person got applied in EB2 or EB3 category

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anilsal

03-09 02:54 PM

Talk to your reps' office staff. Share your stories/struggles with them. Then sometimes you get to meet your congress rep. Go to nearest universities. Check out departments that are doing immigration research. Volunteer to share your story with them.

This way, you work for a cause as well as build your social network. Once you get your GC, you will see that you have all these new people you never knew them before.

A decision that I took few months back was to force IV core to agree to opening a state chapter in IL. Now I feel that initiative has reaped benefits as I am gaining contacts in local, state governments, immigration activists and also like minded people from neighboring states. This would not have happened if I had got a GC on a platter and did not have to struggle.

Now stop whining and do some action. ;)

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lord_labaku

01-30 03:09 PM

Mr are u going mad because ur wife didn't get H1. see I too have worked with F500 & F200 companies don't think that ur wife is better then all. My consultant told me that he has a job for me but because for this market companies have freesed there recruitments. So don't get pissed and good luck for ur wiefe's visa this year.

I don't know the solution to your problem. But I do know that there is a default spell checker when posting message. It highlights misspelled words that you can then right click & correct.

FYI.

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GCNaseeb

08-29 01:08 PM

That may be the reason that this thread is not being updated frequently. Some one should create a fresh thread and link this thread.

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mundada

05-01 02:25 PM

I support finding the fact...

Following two concerns were raised but the answers should satisfy....

1) Spouse may not get EAD/AP?
The document clearly states that if the primary's priority date is current then the primary can file I-485 and the spouse can file I-485 as dependent.
Once spouse files his/her I-485 he/she becomes eligible for EAD/AP and there are no restrictions on what and where the spouse can work on EAD/AP.
The document only says that the visa must be used from family quota and not from employment quota.
How does it then matter whether the spouse gets green card even after 10 years if he/she can work anywhere, any occupation and full time/part time?

2) Spouse may get GC long after?
Look at it this way currently we have pool of 140K to share among primary and dependents. What if this pool becomes 200K (if we assume 60K from family quota for illustration purpose)? Which one will be faster. It has to be 200K pool.

In any case let the correct rules be followed.

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bsnf

11-19 05:02 PM

Send 1 for me and 1 for my wife.

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desi3933

06-26 02:01 PM

EEO does not protect immigration status based discrimination. However Immigration Reform and Control Act of 1986 does protect against discrimination based on immigration status.

https://www.oig.lsc.gov/legis/irca86.htm

SEC. 102. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

Could you please show us, where in the link you provided, H-1B applicant needs to treated equally for job hiring as compared to GC and EAD workers.

EOE deals with equality (i.e. equal opportunities) for hiring, job promotion, and firing.

IRC Act 1985 deals with unlawful employment of aliens, unfair immigration-related employment practices, and fraud & misuse of certain immigration-related documents.

Two different things.

However, once H-1B applicant is hired, he/she is protected just like any other worker, for job promotions, training, and other work conditions. But employer is under no obligation to extend H-1B beyond any initial H-1B petition date. And, yes, H-1B can also be fired at will*, just like any other worker.


_________________________
Not a legal advice
US citizen of Indian origin

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Prashant

07-03 12:07 PM

Any modifications u guys recommend to the title of this post (Example including july 10 as the day) ??

Gandhigiri to DOS (July 10)

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mbawa2574

09-08 01:52 PM

July 3 filer NSC : all 6 checks got cashed.

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apt29

07-20 11:57 AM

I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.

If this idea is implemented, a Pulitzer or Oscar or Olympic Medal winner(let us say in 2010) will have to wait until all backlog before his/her PD is cleared.

:D:D:D

======
EB1: Extraordinary Ability
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.
You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)

=======

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ganguteli

02-26 02:06 PM

Very well written. We need this kind of language material to present to our friends. You got my contribution. How do I donate $20? I don't see tab for that money on page. Minimum for one time contribution I see is $100. Also is there any way that I do not have to use paypal and directly use my cc to pay?

Also not all of us are as good in writing or speaking the same language. I am glad you understand the pains of IV core but unfortunately all of us have not gone through the same things as you have. So we surely need some convincing on part of IV. This post I see is right step. I need some more info to present to my friends, as to why they should contribute. That would be perfect.

So much hoopla for a mere $20!

I do not think that you will even contribute that. You are just looking for excuses not to pay. And don't tell me that your friends can pay 500 or 5000....

They cannot even pay 5 dollars. People who want to contribute, just contribute and not make a big fuss over $20. Go have a lunch today with your $20 instead but for heavens sake do not force people to spend 20 minutes answering you for 20 dollars. Or maybe give it to your lawyer or AILA as you beleve in them.

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EndlessWait

04-30 05:05 PM

also ..this looks very inaccurate ..because I know lot of indians who got H1 during the peak (when h1 was 195k) have gone back. i.e either they got better oppurtunities back home or just went back as they were not getting jobs. I did stay in one of the guest house which had lots of consultants ..none of them are here anymore !!

lots of labors were sold..god knows how many are in queue by substitution

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Sachin_Stock

09-23 02:15 PM

"EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.


EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.

If portings from Eb3 to Eb2 are legit, and you still consider that to be fraud, then everybody's Eb-2 applications (resulting from with or without porting) are potential frauds.

Thats a ridiculous assumption!

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kg318

04-22 09:44 PM

After reading this post completely, here is my take. There are 2 things to view here:
1) employer and employee conduct.
2) non compete.

employee by leaving his job to work for PF has actually worked in unethical way if not illegal. You should have joined the PF to start with. Second thing is, you said your PERM is in process. How long ago did you file it? If you filed it more than 6 months ago, maybe you didnt know you were going to leave. Did you file it very recently despite knowing that you may join PF? In that case why you wasted your employers money? Also who picked the fight? You or employer? See... if the case goes to the court, the judge is going to notice this behaviour and will not like it. I am not saying you are a bad guy, we all make mistakes like this, but in court of law everyone is equal.

employer is not only unethical but also unprofessional in holding back employee wages. It does not matter when or with what intention the employee left, employers should not be breaking the law by withholding wages.

Since both sides have made some mistakes, I suggest get a good attorney. That attorney will negotiate with your employer and you will get your money, experience letter and also attorney expenses. There is no need to involve your PF at this stage. Your employer has a relationship with that company and that is the reason they do not want to go to court. However if you conduct yourself in unethical or unprofessional way, your previous employer can indicate that to your current company and that is a bad career move. Your case is very simple and it will be settled out of court. I would say, you do not get involved and commit mistakes under stress, let an attorney handle it.

Lastly, if you consult an attorney, any good attorney should tell you 2 things:
1) you have advantage over employer because employer has withheld your wages which is illegal as they have violated statutes for PERM.
2) It also depends on your non compete, you dont know what you signed. It may not be directly related to GC expense or direct revenue loss, but it may be something that your employer can hold you accountable.

I think your employer is just mad that you left them on unpleasant terms. Here is what I recommend:

1) Send an email, and offer to apologize if any of your actions left the employer less than satisfied. "DO NOT explicitly admit to mistakes. But offer a sincere apology if that can close the matter." Highlight, what you have done for the company, including placing 4 employees, working for 2 years etc. Regret that you had to leave despite filing perm with them and say you will be willing to help in future. Then call your boss. ask for his help. If he doesnt pick up, doesnt matter, leave a VM. However much you dont like doing it. It is necessary to do so. World is a small place and never burn bridges. Also mention in email you would like to get $4K back and experience letter. I will say copy HR, your boss and his boss. etc. The more higher levels you keep in loop, more people become answerable in court of law. If you copy VP etc of your group, if you decide to go court they can be called in as witnesses. They do not want this. No company wants to put their senior executives/managers in cross examinations in court. They know you can sue them, however do not use such language as the judge will not like it and in all probability he will ask you what you did in good faith to get your wage back? And any shouting , calling names etc will count against you for getting any damages.

2) give them 2 weeks to reply. Consult a lawyer, a good lawyer is one who also tells you what was your fault. No lawyer will tell you what you want to hear. All lawyers will tell you to conduct in ethical and professional manner. You know they are representing you. Their reputation is based on merit of your case.

3) if they dont respond in 2 weeks, file a claim in small claims court. serve a notice. In small claims court attorneys are not allowed to practise. If you win, ask the judge to award you maximum penalty allowed under the law. Also mention you want to get it in one payment. This becomes a public record against the company for anyone to see. I dont think any company wants so much hassle for 4K.



thanks a lot kshitijnt.... my gc has been filed about 5 months back. At that point I wasn't planning to shift to PF otherwise i wudn't have made them file it. ya, as u said i shud have started with PF directy. Just because my company filed for h1b, i didn't wanted to ditch theem. Now I realised that its foolish in this fied to be considerate for someone especially desi employers.
Anyways will try ur way and see how it goes.

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chi_shark

07-10 11:28 AM

so this case has some merrit, however, the very core of this case is based on the employment being annually renewable. which means that the petitioner had to take periodic active action to be employed with the university employer... thats where the argument broke down for the petitioner... further, it is VERY GOOD to know that USCIS actually made an attempt to consider this emloyment for I-140 approval. it is good to know that they deliberated and then decided to reject instead of summarily rejecting on prima facie facts. one more very good thing to know (and avoid for ourselves) is that the petitioner in this case represented himself (no lawyer). its possible that if there was a laywer involved, they could have brought up some more documentation or at least shown the light to the university's staff as far as requirements are concerned. further still: no talk was engaged into as far as ability to pay is concerned. FURTHER FURTHER still: this case is about I-140... and we are all talking primarily about I-485 and AC21 cases within....

looks like this case actually tells me that maybe we could do self-employment easily...

Link to EB-1 case where I-140 was denied because job offered was not "permanent".

Link
http://www.uscis.gov/err/B3%20-%20Outstanding%20Professors%20and%20Researchers/Decisions_Issued_in_2004/MAR232004_01B3203.pdf

As per this document
.

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franklin

06-05 05:06 PM

Sent May 31st to arrive June 1st - no receipt number yet. My laywer said it will take about 10 days to get receipt...

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pvpb

09-27 02:02 PM

Hi All,
Quick question...we applied for NSC on aug 2nd..did not hear anything yet. Just wondering did all of u , whose cases got transfered to other centers get Transfer notices or directly receipt notices.

I am gettign tensed as the days are passing by.

venkat

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kshitijnt

05-09 10:16 PM

The views expressed in the context of sending grammatically correct letters is appreciated. As such, it would make sense if we can send the same letter, which would not only emphasize the same point but would be grammatically correct as well :)

Sending poorly drafted letters may not speak well of our community please

Regards,

Saptaswara

Sending a grammatically incorrect letter is much better than sending no letter or sending one in Jun-10. From last 2 days, I saw no one doing anything. Hence I sent my letter. Correct, I didn't spend too much time on it. If you so care for grammar when are you getting the correct letter out?

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greeku_veerudu

08-21 07:50 PM

I am happy to report that we got our approvals. No SMS, no emails, no status change. Infact, our online status still shows RFE review. We got welcome notices yesterday and that's how we came to know about approvals. Got LUD on an old H1B on 8/14/2010.

PD: Nov 21st, 2005
NSC
RD: 7/20/2007
ND: 9/21/2007
AD:8/16/2010

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sheela

11-21 02:25 PM

Mehul,

It is difficult to put in words how sad this news is. Stay positive-Our prayers will be for you and your family. Please, consider getting second/3rd opinion and some thing will work for you. Have faith in god- you should be okay.

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apahilaj

08-01 12:24 PM

Dear all,

I was wondering if any one on this forum has filed his/her AOS with NSC and their case will be transferred to TSC (due to I140 approved from TSC) and has got the filing receipts yet?

My application (based on lawyer's email) should have reached NSC on July 2nd, but haven't got the checks cashed yet or got the receipts yet...

I was wondering that my case will most likely be transferred to TSC from NSC. I am thinking lot of guys are in same situation as me, but have you guys received any receipt yet?

Thanks and good luck!

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sukhyani

12-15 11:24 AM

contact the author

http://www.manhattan-institute.org/html/jacoby.htm


Thanks

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techskill

11-21 12:48 PM

Dear Mehul,

I am shocked to hear the news.I cannot express myself.I will always pray for you and your family.
If everybody prays together even GOD cannot resist.

I agree with WeShallOvercome and logiclife.

We worry about RP, EAD,AP etc. GC is not the end of the world. Is it worth worrying about the Plastic card.

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leoindiano

02-05 01:16 PM

We can get inforpass by visiting https://infopass.uscis.gov/, i will try that.

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kprgroup

02-09 12:21 PM

India Super Cycle Report

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aj1234567

10-04 06:16 PM

Hi
Any body got finger print appointment letter who filed on Aug3.
Thanks
AJ

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hiUS

09-03 10:42 PM

I actually spoke to Customer service and I got 2 very different responses.

1. Wait till you are an old man and then the cards may just come !! (Just Kidding ) she actually said wait for 90 days.

2. Another CSR told me that the TSC is having technical issues and they are not able to access the Biometric information on approved 485's in their systems. She advised me to download Form I-90 from the USCIS site and fill that in and send it in - if you have a minor on the petition then also send 2 passport size pictures of the minor - this will allow them to access the Biometric screen when they process the I-90. We will get Biometric notices and the Minor will get the card - the Grown ups will get the Cards after the Biometrics are uploaded.

I have not done this - eventhough I downloaded the I-90 forms - I took a INFOPASS appt and if they suggest that I should do a I-90 then I can get that done right on the spot - I am carrying the filled I-90 with me. Anyhow I-90 is usually submitted to correct errors on the card or to replace a card - however this woman sounded quite knowledgeable - but then there are issues realted to where the I-90 should be sent - this is specially complicated if your case has been transferred a few times like mine was.

Best is to check with the guys/gals at Infopass -meeting.

All this was from the rep at the TSC - so not sure if this is applicable to all centers.

AGAIN THIS IS WHAT I HEARD FROM THE TSC REP - PLEASE USE THIS INFORMATION AT YOUR OWN RISK - I AM NOT SENDING THE I-90 ON MY OWN.

I will post my Infoapss exp on the 9th of september.

Thanks for the info.

I heard some where that the problem with accessing with Biometrics for the transfered cases.

I applied in TSC but was sent to CSC, got the AP and EAD from CSC and sent back to TSC for 485. All my numbers start with WAC...

So, may be this is happening for the cases like mine...

Is your case also in the similar lines...

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sankap

07-09 10:00 PM

Chandu,

1. "W2 Self-employed" is an oxymoron. Self-employed option is possible through 1099. Nowhere on the Yates memo (or any other USCIS resource) does it say that you have to be on a "permanent" job. You sure can be self-employed (i.e., not on a W2) with AC21 provision, as the Yates memo clearly says.

[Now, you can be self-employed with unlimited liability. If you want to reduce your liability, you can open an LLC, which gives you the freedom of filing your income taxes either as a "Sole Proprietor," a "C-Corp," or an "S-Corp." (Please see IRS website for tax implications, e.g., http://www.irs.gov/businesses/small/article/0,,id=154770,00.html)]

Also, no employer can give you an EVL saying "permanent" job, nor are you required by USCIS to mention that, nor your salary (unless asked for), nor the date when your job ends. Therefore, your statement that "As long as your self employed as drawing w2 salary and doing the same duties - it is permanent employment" is wrong for two reasons. One, you can't be on W2 AND self-employed for the same job (you can, though, open a part-time business on EAD with same/similar responsibility as your labor cert, and file that income as a "Self-employed," or as a "C-Corp," or as an "S-Corp"). Two, your definition/interpretation of "permanent job" is wrong: No job in this country can be permanent (legally speaking), and I haven't seen *any* job offer letter saying it would be a "permanent" job. Also, being on W2 doesn't imply or guarantee that you're on a "permanent job:" Jobs in most states are "at will."

2. You're *not* required by USCIS to notify them of your job change under AC21 provision. Nor is there anything called "filing AC21."

I agree with you that these two topics need discussion and closure, following which you may want to change your wiki article on "How to File AC21."

sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.

even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.

The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.

So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.

Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.

Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now

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pd_recapturing

08-18 01:12 PM

why cant we just file a lawsuit ??? What's stopping us from doing that ?
Where is IV core these days ? There has not been any news from them for so long.

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kss

07-20 09:08 AM

I pledge $200 for this noble cause.

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ArunAntonio

07-09 06:01 PM

Naveen
drona

Can you guys also update the 'Gandhigiri' in Wiki

- AA

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nk2006

10-05 12:28 PM

On the topic of �getting some of our measures during lame-duck session�, I am seeing some speculation (on other sites) that there is a chance these measures getting discussed during that session. I know these are just educated guesses, but it�s encouraging. see following:
================
From another thread on this site got this link, about Yale/Ivy League grads not getting H1B�s. There is quote from someone who thinks some immigration measures may be approved in Lame-duck session.
http://www.yaledailynews.com/Article...rticleID=33577
The House bill, the Senate bill, or some compromise may be approved during Congress' lame-duck session after the general elections in November, Yale-Loehr said.

=======================
This is from a leading corporate immigration law firm�s web page. They provide headlines and commentary on new regulations. There is some speculation about immigration measures getting discussed during lame-duck session:

The Road From Here:
On a broader scope, key House and Senate members maintain their position that Congress will examine comprehensive immigration reform in the period after the November election and before the start of the next Congress in January 2007, known as the "lame-duck" session. However, many of those involved in the debate over immigration reform question the ability of negotiators to reach an agreement, given the wide ideological gap between the House and Senate with respect to treatment of America's undocumented population.
====================

your comments / speculation / educated guess.......??...

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sertasheep

05-05 06:35 AM

Most of us can relate to the discomfiture and concerns that our members have. Hang in there, I often listen to either Natasha Bedingfield's "Unwritten" to find inspiration (or Shahrukh's Kal Ho Na Ho title song). Find inspiration in something, direct your energies towards something positive, and your quality of life will get enhanced even amidst duress. Write about your experiences, share your grief, and make your voice heard via the various media efforts at IV.

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